Coil Steels Pty Ltd T/A Coil Steels Pty Ltd

[2023] FWCA 1471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coil Steels Pty Ltd T/A Coil Steels Pty Ltd

(AG2023/1394)

APPLICATION FOR APPROVAL OF THE COIL STEELS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PROCESSING MELBOURNE ENTERPRISE AGREEMENT 2023-2025

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2023

Application for approval of the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the COIL STEELS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PROCESSING MELBOURNE ENTERPRISE AGREEMENT 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coil Steels Pty Ltd T/A Coil Steels Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coil Steels Pty Ltd, trading as Coil Steels Pty Ltd, sought approval for the 2023-2025 agreement between the company and The Australian Workers’ Union Processing Melbourne. The application was brought before the Fair Work Commission, a body responsible for overseeing the approval of enterprise agreements. The nature of the dispute involved ensuring the agreement met the necessary legislative requirements and was in the best interests of the employees.

The legal issues before the Commission involved determining whether the agreement complied with the Fair Work Act 2009, particularly with respect to the provisions that ensure the agreement is not detrimental to employees. The court had to consider various aspects of the agreement, including the terms regarding pay rates, conditions of employment, and any provisions that might adversely affect the employees’ rights.

The Commission evaluated the agreement against the statutory criteria, focusing on whether it provided fair and reasonable terms and conditions. The Commission noted that the agreement included provisions for minimum wages, overtime payments, and other employment conditions that were fair and reasonable. The terms were not deemed to be detrimental to the employees, and the agreement was found to be in their best interests. The Commission was satisfied that the agreement met all the necessary legal requirements and approved it accordingly.

As a result of the Commission’s decision, the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2023-2025 was approved. The agreement now governs the terms and conditions of employment for the relevant employees, effective from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established